Section 411.271

Title XXVI TRADE AND COMMERCE

Chapter 411

Effective - 02 Apr 1997, see footnote   

  411.271.  Examination of warehouse — paid for by whom — discrepancy, effect of. — 1.  The department shall make at least one complete examination of each state licensed public warehouse each year.  The examination shall be at the expense of the warehouseman who shall be charged thereby a fee based on rates established by the director.  The minimum examination fee shall be fifty dollars.  The examination shall include a weigh-up of all grain or a measure-up of all grain, as may be elected by the warehouseman.

  2.  Any additional examinations deemed necessary by the department to be made during any year shall be at the expense of the department; except that, if upon any examination a discrepancy is found to exist, the director may collect a fee for that examination and for any subsequent examinations deemed necessary to insure that the discrepancy is corrected.  The fee for each such examination shall be computed in accordance with the provisions of subsection 3 of this section.

  3.  Any warehouseman may request additional examinations at the expense of the warehouseman.  The director may collect a fee for each special or requested examination of a public grain warehouse or for extra work beyond regular examination procedures in connection with regularly scheduled examinations, computed as follows:

  (1)  Necessary personal expenses in conformance with the rules and regulations promulgated by the commissioner of administration pursuant to section 33.090;

  (2)  A mileage allowance equal to the allowance established by the commissioner of administration pursuant to section 33.095;

  (3)  Twenty dollars for each man-hour required to complete the inspection.

  4.  Upon completion of any examination which reveals a failure to comply with this chapter or regulations promulgated hereunder, the director or any warehouse auditor, within a reasonable time, shall present a written discrepancy report to the warehouseman, his employee or agent.  The report shall specify the areas of noncompliance and shall give a specific period of time within which corrective action is to be taken.  Such period of time shall be both reasonable and practicable under the circumstance.  A report of that corrective action shall be sent to the director by the warehouseman.  If, after further examination, the discrepancy still exists, the director may modify, suspend, or revoke the warehouseman's license, or the director may take whatever other action he deems necessary, consistent with the provisions of this chapter, until the warehouseman has corrected the discrepancy.

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(L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211)

Effective 4-02-97